When does the 60-day window protecting Arizona political signs from city removal start: 60 days before primary-election day, or 60 days before early ballots are mailed?

Plain-English summary

Arizona's political-sign protection statute, A.R.S. § 16-1019(C), bars cities, towns, and counties from removing political signs in public rights-of-way during a defined window: "the period commencing sixty days before a primary election and ending fifteen days after the general election." Outside that window, local governments can clean up signs left up too early or too long.

The question Representative Kelly Townsend put to the AG was: when does that 60-day window start? On the primary election day itself (which Arizona statute defines as "the tenth Tuesday prior to a general or special election")? Or on the date early ballots are mailed (about 27 days before primary election day)?

The difference matters because Arizona has heavy early-voting use. If "primary election" means the date early ballots are mailed, candidates get an extra ~27 days of sign protection. If "primary election" means the statutory primary date, candidates get only the period running up to that day.

Solicitor General John R. Lopez IV (writing on behalf of AG Brnovich because the formal opinion process couldn't deliver in time for the 2016 cycle) issued an informal letter opinion: 60 days before the statutory primary date.

The reasoning is straightforward. A.R.S. § 16-201 specifies that "[o]n the tenth Tuesday prior to a general or special election at which candidates for public office are to be elected, a primary election shall be held." That defines "primary election" by date. Nothing in the early-voting statutes (§ 16-541 et seq.) purports to redefine when the primary election is. Early voting just lets qualified electors cast their ballots before primary election day; the date of the election itself is not changed.

The opinion identifies an absurdity check that confirms the result. Early ballots must be mailed "twenty-seven days before the election" under § 16-542(C). If "election" meant "the date ballots are mailed," then the trigger would always be 27 days before itself, an impossible recursive definition. Similarly, § 16-1019(H) says the sign-protection window ends "fifteen days after the general election." Under the early-voting reading, cities could remove signs 15 days after general election ballots were mailed, which would let them strip yard signs before any voting day. Both consequences would be absurd. The straightforward reading (election means election day) avoids them.

The conclusion is statutorily clean but disappointing for candidates: they have less sign-protection time than the early-voting reading would have given them. For 2016, the protection window started 60 days before August 30 (the 2016 primary date), so roughly July 1.

Currency note

This opinion was issued in 2016. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

A.R.S. § 16-1019 in this 2016 form had:

• Subsection (C): Cities, towns, and counties cannot remove political signs in public rights-of-way that meet specified conditions (no public hazard, meet size limits, contain campaign contact info).
• Subsection (H): The (C) protection runs only from "the period commencing sixty days before a primary election and ending fifteen days after the general election," with adjusted end dates for primary-only candidates.

A.R.S. § 16-201: "On the tenth Tuesday prior to a general or special election at which candidates for public office are to be elected, a primary election shall be held."

A.R.S. § 16-541: Authorizes early voting. "Any election called pursuant to the laws of this state shall provide for early voting. Any qualified elector may vote by early ballot."

A.R.S. § 16-542(C): The county recorder mails early ballots "within five days after receipt of the official early ballots from the officer charged by law with the duty of preparing ballots pursuant to § 16-545, except that early ballot distribution shall not begin more than twenty-seven days before the election."

A.R.S. § 16-545(B): Officials must deliver early ballots to the county recorder "not later than the thirty-third day before the election."

The opinion's textual move: § 16-201 defines when the primary election occurs by date. The early-voting statutes don't redefine that date. Cypress on Sunland (App. 2011) supplies the canon that statutory provisions should be construed in light of the entire statutory scheme to be harmonious. Reading "primary election" two different ways in the early-voting statutes versus the political-sign statute would create needless conflict.

Common questions

Q: I'm running for state senate. When can I put up my signs in city rights-of-way without the city removing them?
A: Under this opinion, 60 days before the statutorily set primary election date (the tenth Tuesday before the general election). For November general elections, that's roughly early July. Confirm the current year's primary date for the precise calendar.

Q: Can a city remove my sign before the protection window opens?
A: Yes, if the sign is in a public right-of-way and falls outside the protection window, § 16-1019 doesn't prohibit removal. Local sign codes may govern.

Q: What if I lose the primary? When can my signs come down?
A: For a primary candidate who doesn't advance, the protection window ends 15 days after the primary election. The city can remove signs after that.

Q: Does this same calculation apply to general-election candidates?
A: For candidates who advance to the general, the window ends 15 days after the general election day, calculated from general election day, not from the mailing of general ballots.

Q: Why did this need a quick opinion?
A: The 2016 sign-placement window was opening, and candidates and cities needed to know whether to start enforcement on June 1 (60 days before early ballots mailed) or July 1 (60 days before primary election day). The Solicitor General issued the letter opinion to settle the calendar question quickly.

Citations and references

Statutes:

• A.R.S. § 16-201 (primary election date)
• A.R.S. § 16-541 (early voting)
• A.R.S. § 16-542 (early ballot mailing)
• A.R.S. § 16-545 (early ballot preparation)
• A.R.S. § 16-1019 (political signs)
• A.R.S. § 1-213 (statutory construction)

Cases:

• Cypress on Sunland Homeowners Ass'n v. Orlandini, 227 Ariz. 288 (App. 2011)

Source

• Landing page: https://www.azag.gov/opinions/i16-006-r16-014
• Original PDF: https://www.azag.gov/sites/default/files/2025-06/I16-006.pdf

Original opinion text

Kelly Townsend

Arizona House of Representatives

1700 West Washington, Suite H

Phoenix, AZ 85007-2844

Re: I16-006 / R16-014

Dear Representative Townsend,

You requested an opinion from this Office, asking whether the "period commencing sixty days before a primary election" in Arizona Revised Statutes ("A.R.S.") § 16-1019(H) means sixty days before a qualified elector may cast a vote under A.R.S. § 16-541, or sixty days before the tenth Tuesday prior to a general election under A.R.S. § 16-201. As you may be aware, our formal opinion process necessarily involves several layers of review and is not, therefore, conducive to a speedy turnaround. We understand time is of the essence regarding your request because the period for placement of political signs began on June 4, 2016, assuming "the period commencing sixty days before a primary election" means sixty days before a qualified elector may cast a vote under A.R.S. § 16-541. For this reason, we offer the following informal opinion regarding the question presented: The "period commencing sixty days before a primary election" in A.R.S. § 16-1019(H) means sixty days before the tenth Tuesday prior to a general election under A.R.S. § 16-201.

Under A.R.S. § 16-1019(C), "a city, town or county of this state shall not remove, alter, deface or cover any political sign" if certain conditions are met. This provision only applies, however, "during the period commencing sixty days before a primary election and ending fifteen days after the general election, except that for a sign for a candidate in a primary election who does not advance to the general election, the period ends fifteen days after the primary election." A.R.S. § 16-1019(H). In other words, this statute does not prohibit cities, towns, and counties from taking down political signs if the sign is put up too far in advance of, or left up too long after, an election.

Arizona law allows qualified electors to vote by early ballot. A.R.S. § 16-541(A) ("Any election called pursuant to the laws of this state shall provide for early voting. Any qualified elector may vote by early ballot."). The county recorder mails early ballots "within five days after receipt of the official early ballots from the officer charged by law with the duty of preparing ballots pursuant to § 16-545, except that early ballot distribution shall not begin more than twenty-seven days before the election." A.R.S. § 16-542(C). The officer charged with the duty of preparing ballots, in turn, is required to deliver early ballots to the county recorder "not later than the thirty-third day before the election." A.R.S. § 16-545(B). Thus, the date for mailing early ballots is calculated from the date of "the election." This year, the Maricopa County Recorder has posted that early ballots will "begin mailing at 27 days prior to each of the noted election dates."

Arizona law specifies when the "primary election" occurs. Arizona Revised Statute § 16‑201 provides: "On the tenth Tuesday prior to a general or special election at which candidates for public office are to be elected, a primary election shall be held."

Distilled to its essence then, your question asks what "primary election" means in A.R.S. § 16-1019(H), does it mean the date early ballots are mailed, or does it mean the date of the primary election set forth by statute? If "primary election" means the date that primary election early ballots are mailed, candidates and ballot supporters/opponents would have approximately 27 additional days to post political signs.

The answer to your question is straightforward. The date of the primary election is the date specifically provided by statute, not the date that ballots are mailed out for the primary election. Again, A.R.S. § 16-201 provides that the date of the "primary election" is "the tenth Tuesday prior to a general or special election at which candidates for public office are to be elected." See also A.R.S. § 1-213 ("Words and phrases shall be construed according to the common and approved use of the language."). Nothing in the early balloting statute in A.R.S. § 16-541 purports to alter the date of the "primary election." It simply allows qualified electors to vote by early ballot. To read "primary election" to mean the date a qualified elector can vote by mail would be to manufacture ambiguity.

Arizona courts also "construe statutory provisions in light of the entire statutory scheme so they may be harmonious and consistent." Cypress on Sunland Homeowners Ass'n v. Orlandini, 227 Ariz. 288, 297, ¶ 30 (App. 2011) (internal quotes omitted). But, absurd results would be produced if the term "election" was consistently interpreted throughout Arizona's statutes to mean the date that qualified electors can vote by mail. For example, if this interpretation were adopted, early ballots would never be mailed. Again, early ballots are mailed approximately 27 days "before the election." See A.R.S. § 16-542(C) (emphasis added). But, if "election" means the date ballots are mailed, the trigger for mailing ballots would always be 27 days out.

Further, A.R.S. § 16-1019(H) does not only prevent cities, towns, and counties from taking down political signs "sixty days before a primary election." It also prevents cities, towns, and counties from taking down political signs "ending fifteen days after the general election." But, if the "general election" date is interpreted consistently to mean the date that ballots for the general election are mailed (instead of the date of the actual general election), cities, towns and counties would be able to take down political signs for the general election 15 days after the mailing, potentially resulting in political signs being taken down before the actual general election date.

These absurdities can be avoided by adhering to the plain meaning of "primary election" as defined by the legislature in A.R.S. § 16-201. Thus, the "period commencing sixty days before a primary election" in A.R.S. § 16-1019(H) means sixty days before the tenth Tuesday prior to a general election under A.R.S. § 16-201.

Sincerely,

John R. Lopez IV

Solicitor General